Property meeting the challenge of the Commons in Spain

Abstract

In spite of a rich historical tradition of common goods-such as irrigation communities-there is no concept in Spanish law that covers all the different elements of the commons. The Spanish Constitution and the Civil Code contain references to goods that satisfy fundamental needs and thus are not exchangeable on the market. Moreover, the Constitution explicitly protects rights that are relevant for a discussion about the commons such as the right to health care, access to culture, and the right to enjoy an environment suitable for personal development. Spain does not evidence any deep academic debate about the commons, although interesting contributions have been made by Spanish legal scholars. There has also been a wide circulation of topical foreign work, sorne of which has been translated into Spanish.